Fiancée Visa vs. Marriage Visa
When planning to bring a foreign partner to the United States, understanding the differences between the K-1 Fiancée Visa and the CR1 Marriage Visa is crucial. Each visa option presents unique advantages and challenges, influencing factors such as processing time, status adjustments, and long-term residency. This comprehensive guide delves into the intricacies of both visa types to help you make an informed decision.
Understanding the K-1 Fiancée Visa
The K-1 Fiancée Visa is designed for U.S. citizens who intend to marry their foreign partners within 90 days of their arrival in the United States. This visa facilitates the fiancé(e) to enter the U.S. with the primary purpose of getting married, after which they must apply for an Adjustment of Status to obtain a green card.
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Pros of the K-1 Fiancée Visa
- Faster Processing Time: One of the most significant advantages of the K-1 Visa is its relatively quicker processing time, typically ranging from 8 to 10 months. This expedited timeline is ideal for couples eager to reunite and commence their married life in the U.S. without prolonged separation.
- No Prior Marriage Requirement: The K-1 Visa allows couples to marry within the U.S., eliminating the necessity of being married before the foreign partner’s entry. This flexibility is beneficial for couples who prefer to hold their wedding ceremonies in the States.
Cons of the K-1 Fiancée Visa
- Adjustment of Status Requirement: After marrying in the U.S., the foreign spouse must undergo the Adjustment of Status process to become a lawful permanent resident. This procedure can extend from 4 to 8 months or longer, during which the applicant’s ability to travel internationally is restricted, potentially causing significant delays or complications if travel becomes necessary.
- Additional Costs: The K-1 Visa process involves multiple filings, including the initial visa petition and the subsequent Adjustment of Status application. These additional steps can result in higher overall costs compared to the CR1 Visa process.
- Temporary Status: Until the Adjustment of Status is approved, the foreign spouse remains in a temporary status, leading to a period of uncertainty regarding their permanent residency.
Exploring the CR1 Marriage Visa
The CR1 Marriage Visa is intended for couples who are already married. It allows the foreign spouse to enter the United States as a lawful permanent resident, with the green card typically issued within 1 to 2 months of arrival. Unlike the K-1 Visa, there is no need for a subsequent status adjustment.
Pros of the CR1 Marriage Visa
- No Adjustment of Status Required: A key benefit of the CR1 Visa is the elimination of the Adjustment of Status process. Upon arrival, the foreign spouse receives their green card within a short timeframe, ensuring immediate permanent residency.
- Lower Long-Term Costs: The CR1 Visa encompasses permanent residency status upon entry, avoiding the extra time, costs, and paperwork associated with adjusting status later. This makes it a more streamlined and cost-effective option in the long run.
- Green Card Validity and IR1 Option: For marriages under two years at the time of the visa interview, the foreign spouse is issued a CR1 Visa with conditions that must be removed after two years. Alternatively, if the couple has been married for over two years, they qualify for an IR1 Visa, which grants unconditional permanent residency without the need for future adjustments.
Cons of the K-1 Fiancée Visa
- Longer Processing Time: The CR1 Visa generally takes longer to process, typically 12 to 18 months, compared to the K-1 Visa. This extended timeline requires couples to be prepared for a longer wait before reuniting in the U.S.
- Residency Requirement: CR1 Visa holders must reside in the U.S. for at least six months per year to maintain their residency status until conditions are removed. This requirement may pose challenges for couples not ready to commit to full-time residence in the U.S.
Comparing Fees: Fiancée Visa & Adjustment of Status vs. I-130 Marriage Visa
Effective April 1, 2024, the USCIS updated the fee schedule for various immigration forms, impacting the costs for both the K-1 Fiancée Visa, I-485 Adjustment of Status, and the I-130 Marriage Visa. Below is a detailed breakdown of the updated fees:
Fee Type
USCIS Filing Fee
USCIS Immigrant Fee
NVC (National Visa Center) Fee
Embassy Interview Fee
Medical Exam (Varies by Country)
Biometrics Fee
Adjustment of Status Fee (Incl. I-765)
Adjustment of Status Fee (Incl. I-131)
Total Estimated Cost
K-1 Fiancée Visa
I-485 Adjustment of Status
I-130 Marriage Visa (CR1/IR1)
- K-1 Fiancée Visa: The I-129F petition fee increased to $675 from $535, with an added $265 for the embassy interview. Medical exams continue to range between $200 and $500, depending on the country.
- Adjustment of Status (I-485): The I-485 fee rose to $1,440 for applicants over 14 years old, with separate fees for work permits ($260) and travel permits ($630). Medical exam costs remain between $200 and $500.
- I-130 Marriage Visa (CR1/IR1): The I-130 filing fee has increased to $675. Post-approval, applicants must pay $325 for NVC processing and $220 for the immigrant fee. Medical exam costs stay around $200 to $500.
Legal Services Fees: Navigating Fiancée and Marriage Visa Processes
Engaging an experienced immigration attorney can significantly streamline the visa application process, ensuring all documentation is correctly filed and increasing the likelihood of approval. Below is a detailed analysis of typical attorney fees for the K-1 Fiancée Visa, I-485 Adjustment of Status, and I-130 Spouse Visa.
K-1 Fiancée Visa Attorney Fees
For the K-1 Fiancée Visa, attorneys typically charge between $1,500 and $4,000, covering:
- I-129F Petition Preparation: Drafting and filing the necessary petition.
- Documentation Assistance: Helping gather and organize required documents.
- Interview Preparation: Guiding applicants through the visa interview process.
- Legal Guidance: Providing ongoing support for the foreign fiancé(e)’s entry to the U.S.
Higher fees may apply in cases involving complexities such as previous immigration violations or criminal records.
I-130 Spouse Visa (CR1/IR1)
For the I-130 Spouse Visa, also known as the CR1 or IR1 Visa, attorney fees typically range from $2,000 to $5,000, encompassing:
- I-130 Petition Preparation: Filing the initial petition.
- NVC Process Management: Handling the National Visa Center procedures.
- Consular Interview Guidance: Preparing the foreign spouse for their immigrant visa interview.
- Post-Approval Support: Assisting with any issues related to visa issuance.
More complex cases, such as those involving previous marriages, criminal records, or past visa overstays, may incur higher fees.
I-485 Adjustment of Status (After K-1 or Spouse Visa)
Once in the U.S., the foreign spouse must apply for an Adjustment of Status. Attorney fees for this process range from $1,500 to $3,500, typically including:
- I-485 Application Preparation: Completing and filing the necessary forms.
- Additional Filings: Assisting with I-765 (Employment Authorization) and I-131 (Advance Parole) applications.
- USCIS Interview Representation: Preparing applicants for their USCIS interviews.
- Case Tracking: Following up with USCIS to monitor application status.
Fees may increase if there are application complications, such as missing documents or previous overstays in the U.S.
Comparison of Attorney Fees
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- Flat Fees vs. Hourly Billing: Most immigration attorneys offer flat fees for straightforward cases, meaning there is no additional cost for each step of the process. However, in some cases, if complications arise, an attorney may bill on an hourly basis, which typically ranges from $150 to $300 per hour.
- Consultation Fees: Some attorneys may charge a consultation fee ranging from $100 to$300, though this is often credited toward the total fee if you decide to hire them.
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Once you receive online visa approval, if doing this in Colombia, you need to travel to Bogotá to get the visa in your passport. Visas in Colombia are issued at the Ministerio de Relaciones Exteriores office in Bogotá. Their office is located at Avenida 19 # 98-03, Torre 100 Building, 3rd Floor. It’s open from 7:30 am until noon.
The major challenge with getting a Colombian visa yourself is dealing with a government bureaucracy, making a trip to Bogota and not understanding the laws properly if you are not fluent in Sanish.
This is where you can benefit from the services of an experienced visa agency such as Visas by James. A visa agency such ours is your best bet when it comes to obtaining visa for you. An experienced visa agency which has processed hundreds of visas and knows exactly what is needed for each type of visa is exactly what you need.
Another big benefit of using a visa agency is that they offer services to courier your passport to Bogotá to get the visa put in your passport. So, you can avoid a trip to Bogotá. The cost of a visa service including the service to courier your passport to Bogotá can even be cheaper than the cost of a trip to Bogotá.
Our Story
James Lindzey founded the website ColombiaVisas.com, which is constantly updated with new information explaining visa resolutions, procedures, and laws in Colombia to expats. James has worked as a private investigator and paralegal in the United States through the 90s until he moved to Colombia in 2005. James arrived in Colombia in 2005 and started doing visas for expats, but currently works as Director of Legal Services for Visas by James, and Colombia Legal & Associates SAS since June of 2023.
Colombia Legal & Associates acquired the brand name Visas by James as it became a more familiar and easy way for foreigners to remember the business, than the previous Visas y Tramites Internacionales.
While MedellinLawyer.com focuses more on legal issues for expats, ColombiaVisas.com focuses more on visas, and holds the trademark Visas by James. ColombiaVisas.com is the oldest website and provider of visa information for expats in Colombia. We are proud to be the first and always on the cutting edge of providing interactive website content to our visitors.
In addition to our visa services our agency offers a full range of legal and accounting services to our clients. We are able to assist better in document collection services in the United States because of James previous legal experience in the United States.
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About Our Visa Services
We can guie you through the most Complicated Immigration Situations. Our aim is to make life easier for expatriates in Colombia!
Please let us know if you need more information, or we can set up a consultation in order to provided you personalized guide.
Our main office is located in Medellin, Colombia near Parque Lleras in El Poblado. We have representation in Bogota, Miami, and Fort Lauderdale. Our main office address is Cra 39#5A-95, Oficina 709, Edificio Avangarde. We accept walk in appointments but its always nice if you can let us know ahead of time so we can schedule a time. Areas codes in Colombia have changed. To reach our office please call (57) 604-444-6634.
